Subject to generally applicable laws, regulations, rules, resolutions
and ordinances of the City and the provisions of this franchise, grantee
may perform all construction in the rights-of-way for any facility
needed for the maintenance, upgrade or extension of grantee’s
cable system.
Subject to receiving reasonable advance notice, grantee shall
make reasonable effort to regularly attend and participate in meetings
of the City, regarding right-of-way issues that may impact the cable
system.
Whenever it is possible and reasonably practicable to joint
trench or share bores or cuts, grantee shall work with other providers,
licensees, permittees, and franchisees so as to reduce so far as possible
the number of right-of-way cuts within the City.
All work authorized and required hereunder shall be done in
a safe, thorough and workmanlike manner. All installations of equipment
shall be permanent in nature, durable and installed in accordance
with good engineering practices.
Prior to doing any work in the right-of way or other public
property, grantee shall apply for and obtain appropriate permits from
the City. Grantee shall comply with the generally applicable ordinances,
laws, or regulations regarding City rights-of-way as may be adopted
from time to time pursuant to the City’s lawful police powers.
Grantee shall pay all generally applicable and lawful fees for the
requisite City permits received by grantee.
In the event that emergency repairs are necessary, grantee shall
immediately notify the City of the need for such repairs. Grantee
may initiate such emergency repairs, and shall apply for appropriate
permits within 48 hours after discovery of the emergency.
(a) City
Codes.
Grantee shall comply with all applicable City
codes, including, without limitation, the International Building Code,
International Fire Code, facilities in the right-of-way ordinance
and applicable mechanical, zoning codes and development and regulations.
(b) Tower
Specifications.
Antenna supporting structures (towers)
shall be designed for the proper loading as minimally specified by
the Electronics Industries Association (EIA), as those specifications
may be amended from time to time and City regulations. Antenna supporting
structures (towers) shall be painted, lighted, erected and maintained
in accordance with all applicable rules and regulations of the Federal
Aviation Administration and all other applicable City, State and federal
codes and regulations.
(c) Safety
Codes.
Grantee shall comply with all applicable federal,
State and City safety requirements, rules, regulations, laws and practices,
and employ all necessary devices as required by applicable law during
construction, operation and repair of its cable system. By way of
illustration and not limitation, grantee shall comply with the National
Electric Code, National Electrical Safety Code and Occupational Safety
and Health Administration (OSHA) Standards.
Grantee shall comply with any generally applicable ordinances,
rules and regulations of the City regarding mapping systems for users
of the rights-of-way.
Work in the right-of-way, on other public property, near public
property, or on or near private property shall be done in a manner
that causes the least interference with the rights and reasonable
convenience of property owners and residents. Grantee’s cable
system shall be constructed and maintained in such manner as not to
interfere with sewers, water pipes or any other property of the City
or with any other pipes, wires, conduits, pedestals, structures or
other facilities that may have been laid in the rights-of-way by,
or under, the City’s authority. The grantee’s cable system
shall be located, constructed and maintained so as not to endanger
or unreasonably interfere with the lives of persons, or to interfere
with improvements the City may deem proper to make or to unnecessarily
hinder or obstruct the free use of the rights-of-way or other public
property, and shall not unreasonably interfere with the travel and
use of public places by the public during the construction, repair,
operation or removal thereof, and shall not obstruct or impede traffic.
In the event of such interference, the City may require the removal
or relocation of grantee’s lines, cables, equipment and other
appurtenances from the property in question at grantee’s expense.
Grantee shall provide and use any equipment and facilities necessary
to control and carry grantee’s signals so as to prevent injury
to the City’s property or property belonging to any person.
Grantee, at its own expense, shall repair, renew, change and improve
its facilities to keep them in good repair, and safe and presentable
condition. All excavations made by grantee in the rights-of-way shall
be properly safeguarded for the prevention of accidents by the placement
of adequate barriers, fences or boarding, the bounds of which, during
periods of dusk and darkness, shall be clearly designated by warning
lights.
(a) Grantee
shall comply with any and all applicable laws, statutes, regulations
and orders concerning hazardous substances relating to grantee’s
cable system in the rights-of-way.
(b) Upon
reasonable notice to grantee, the City may inspect grantee’s
facilities in the rights-of-way to determine if any release of hazardous
substances has occurred, or may occur, from or related to grantee’s
cable system. In removing or modifying grantee’s facilities
as provided in this franchise, grantee shall also remove all residue
of hazardous substances related thereto.
(c) Grantee
agrees to indemnify the City against any claims, costs, and expenses,
of any kind, whether direct or indirect, incurred by the City arising
out of a release of hazardous substances caused by grantee’s
cable system.
Prior to doing any work in the right-of-way, grantee shall give
appropriate notices to the City and to the notification association
established in C.R.S. Section
9-1.5-105, as such may be amended from time to time. Notice to the City shall
be given pursuant to generally applicable City ordinance and/or regulations,
by written notice to the City or its designee prior to the commencement
of construction.
Except in the case of an emergency involving public safety or
service interruptions to a large number of subscribers, grantee shall
give reasonable advance notice to private property owners or legal
tenants of work on or adjacent to private property.
(a) When
required by general ordinances, resolutions, regulations or rules
of the City or applicable State or federal law, grantee’s cable
system shall be placed underground at grantee’s expense, subject
to applicable law. Placing facilities underground does not preclude
the use of ground-mounted appurtenances.
(b) Where
electric, telephone and other above-ground utilities are installed
underground at the time of cable system construction, or when all
such wiring is subsequently placed underground, all cable system lines
shall also be placed underground with other wire line service at no
expense to the City or subscribers subject to applicable law, unless
funding is generally available for such relocation to all users of
the rights-of-way. Related cable system equipment, such as pedestals,
must be placed in accordance with the City’s applicable code
requirements and rules. In areas where either electric or telephone
utility wiring is aerial, the grantee may install aerial cable, except
when a property owner or resident requests underground installation
and agrees to bear the additional cost in excess of aerial installation.
Nothing contained in this section shall require grantee to construct,
operate, and maintain underground any ground-mounted appurtenances.
(c) The
grantee shall utilize existing poles and conduit wherever possible
and reasonably practical.
(d) In
the event grantee cannot obtain the necessary poles and related facilities
pursuant to a pole attachment agreement or conduit does not exist
and only in such event, then it shall be lawful for grantee to make
all needed excavations in the rights-of-way for the purpose of placing,
erecting, laying, maintaining, repairing, and removing poles, supports
for wires and conductors, and any other facility needed for the maintenance
or extension of grantee’s cable system. All poles and conduit
of grantee shall be located as reasonably designated by the proper
City authorities.
(e) This
franchise does not grant, give or convey to the grantee the right
or privilege to install its facilities in any manner on utility poles
or right-of-way of the City or any other person. The City may reasonably
use grantee’s poles, at no cost to the City, for City facilities,
including but not limited to fiber optic lines, cameras, lights or
other devices. Copies of agreements for the use of poles, conduits
or other utility facilities must be provided upon written request
by the City.
(f) The
grantee and the City recognize that situations may occur in the future
where the City may desire to place its own cable or conduit for fiber
optic cable in trenches or bores opened by the grantee. The grantee
agrees to cooperate with the City in any construction by the grantee
that involves trenching or boring; provided, that the City has first
provided reasonable notice to the grantee that it is interested in
sharing the trenches or bores in the area where the grantee’s
construction is occurring. The grantee shall allow the City to lay
its cable, conduit and fiber optic cable in the grantee’s trenches
and bores, provided the City shares in any extraordinary cost of the
trenching and boring. The City shall be responsible for maintaining
its respective cable, conduit and fiber optic cable buried in the
grantee’s trenches and bores under this paragraph.
In cases of single site multiple dwelling units, grantee shall
minimize the number of individual aerial drop cables by installing
multiple drop cables underground between the pole and multiple dwelling
unit where determined to be technologically feasible in agreement
with the owners and/or owner’s association of the multiple dwelling
units.
(a) Depths.
Unless otherwise required by law, grantee shall comply with
the following burial depth standards. In no event shall grantee be
required to bury its cable deeper than electric or gas facilities
in the same portion of the right-of-way:
Underground cable, feeder and trunks lines shall be buried at
a minimum depth of 42 inches or as otherwise required by City development
permits and construction standards.
(b) Timeliness.
Cable drops installed by grantee to residences shall be buried
according to these standards within one calendar month of initial
installation or at a time mutually agreed upon between the grantee
and the subscriber. When freezing surface conditions or other weather
conditions prevent grantee from achieving such timetable, grantee
shall apprise the subscriber of the circumstances and the revised
schedule for burial, and shall provide the subscriber with grantee’s
telephone number and instructions as to how and when to call grantee
to request burial of the line if the revised schedule is not met.
Grantee shall ensure that all new cable drops are properly bonded
to the electrical power ground at the home, consistent with applicable
code requirements. All nonconforming or nonperforming cable drops
shall be replaced by grantee as necessary.
Any ordinance of the City which requires installation of utilities
in subdivisions or other developments shall be construed to include
wiring for cable systems.
(a) The
grantee shall protect public and private property from damage. If
damage occurs, the grantee shall promptly notify the property owner
within 24 hours in writing.
(b) Whenever
grantee disturbs or damages any right-of-way, other public property
or any private property, grantee shall promptly restore the right-of-way
or property to at least its prior condition, normal wear and tear
excepted, at its own expense.
(c) Grantee
shall warrant any restoration work performed by or for grantee in
the right-of-way or on other public property for one year.
(d) Upon
completion of the work that caused any disturbance or damage, grantee
shall promptly commence restoration of private property, and will
use best efforts to complete the restoration within 72 hours, considering
the nature of the work that must be performed.
Subject to any applicable State or federal regulations or tariffs,
the City may install or affix and maintain wires and equipment owned
by the City for City purposes in or upon any and all of grantee’s
ducts, conduits or equipment in the rights-of-way and other public
places, to the extent space therein or thereon is reasonably available,
and pursuant to all applicable ordinances and codes; provided, that
(a) such use by City does not interfere with the current or future
use by the grantee; (b) the City holds the grantee harmless against
and from all claims, demands, costs, or liabilities of every kind
and nature whatsoever arising out of such use, including but not limited
to reasonable attorney fees and costs; (c) such use by the City is
restricted to noncommercial municipal purposes; (d) the City takes
reasonable precautions to prevent any use of the grantee’s conduits,
ducts, or equipment in any manner that results in inappropriate use
thereof, or any loss or damage to the conduit, ducts, or equipment,
or the cable system; (e) the City does not use the conduits, ducts,
or equipment for any purpose that is in competition with the services
offered by the grantee. For the purposes of this subsection, “City
purposes” includes, but is not limited to, the use of the structures
and installations for City fire, police, traffic, water, telephone,
and/or signal systems, but not for cable service in competition with
grantee. Grantee shall not deduct the value of such use of its facilities
from its franchise fee payments or from other fees payable to the
City.
(a) For
the purposes of this subsection:
Attachment
means any wire, optical fiber or other cable, and any related
device, apparatus or auxiliary equipment for the purpose of voice,
video or data transmission.
Conduit or conduit facility
means any structure, or section thereof, containing one or
more ducts, conduits, manholes, handhole or other such facilities
in grantee’s cable system.
Duct
means a single enclosed raceway for cables, fiber optics
or other wires.
Licensee
means any person licensed or otherwise permitted by the City
to use the rights-of-way.
Surplus ducts or conduits
are conduit facilities other than those occupied by grantee
or any prior licensee, or unoccupied ducts held by grantee as emergency
use spares, or other unoccupied ducts that grantee reasonably expects
to use within two years from the date of a request for use.
(b) Grantee
acknowledges that the rights-of-way have a finite capacity for containing
conduits. Therefore, grantee agrees that whenever the City determines
it is impracticable to permit construction of an underground conduit
system by any other person which may at the time have authority to
construct or maintain conduits or ducts in the rights-of-way, but
excluding persons providing cable services in competition with grantee,
the City may require grantee to afford to such person the right to
use grantee’s surplus ducts or conduits in common with grantee,
pursuant to the terms and conditions of an agreement for use of surplus
ducts or conduits entered into by grantee and the licensee. Nothing
herein shall require grantee to enter into an agreement with such
person if, in grantee’s reasonable determination, such an agreement
could compromise the integrity of the cable system.
(c) A
licensee occupying part of a duct shall be deemed to occupy the entire
duct.
(d) Grantee
shall give a licensee a minimum of 120 days’ notice of its need
to occupy a licensed conduit and shall propose that the licensee take
the first feasible action as follows:
(1) Pay revised conduit rent designed to recover the cost of retrofitting
the conduit with multiplexing, fiber optics or other space-saving
technology sufficient to meet grantee’s space needs;
(2) Pay revised conduit rent based on the cost of new conduit constructed
to meet grantee’s space needs;
(3) Vacate the needed ducts or conduit; or
(4) Construct and maintain sufficient new or larger conduit to meet grantee’s
space needs.
(e) When
two or more licensees occupy a section of conduit facility, the last
licensee to occupy the conduit facility shall be the first to vacate
or construct new conduit. When conduit rent is revised because of
retrofitting, space-saving technology or construction of new conduit,
all licensees shall bear the increased cost.
(f) All
attachments shall meet applicable local, State, and federal clearance
and other safety requirements, be adequately grounded and anchored,
and meet the provisions of contracts executed between grantee and
the licensee. Grantee may, at its option, correct any attachment deficiencies
and charge the licensee for its costs. Each licensee shall pay grantee
for any fines, fees, damages or other costs the licensee’s attachments
cause grantee to incur.
(g) In
order to enforce the provisions of this subsection with respect to
grantee, the City must demonstrate that it has required all similarly
situated users of the rights-of-way to comply with the provisions
of this subsection.
Upon grantee’s acquisition of facilities in any City right-of-way,
or upon the addition to the City of any area in which grantee owns
or operates any facility, grantee shall, at the City’s request,
submit to the City a statement describing all facilities involved,
whether authorized by franchise, permit, license or other prior right,
and specifying the location of all such facilities to the extent grantee
has possession of such information. Such facilities shall immediately
be subject to the terms of this franchise.
Whenever grantee intends to discontinue using any facility within
the rights-of-way, grantee shall submit to the City a complete description
of the facility and the date on which grantee intends to discontinue
using the facility. Grantee may remove the facility or request that
the City permit it to remain in place. Notwithstanding grantee’s
request that any such facility remain in place, the City may require
grantee to remove the facility from the right-of-way or modify the
facility to protect the public health, welfare, safety, and convenience,
or otherwise serve the public interest. The City may require grantee
to perform a reasonable combination of modification and removal of
the facility. Grantee shall complete such removal or modification
in accordance with a reasonable schedule set by the City. Until such
time as grantee removes or modifies the facility as reasonably directed
by the City, or until the rights to and responsibility for the facility
are accepted by another person, grantee shall retain all liability
for such facility and be responsible for all necessary repairs and
relocations of the facility, as well as maintenance of the right-of-way,
in the same manner and degree as if the facility were in active use.
If grantee abandons its facilities, the City may choose to use such
facilities for any purpose whatsoever including, but not limited to,
access purposes. If the City chooses to utilize any such abandoned
facilities, grantee’s liability for those facilities shall cease.
The City shall have the right to require grantee to relocate,
remove, replace, modify or disconnect grantee’s facilities and
equipment located in the rights-of-way or on any other property of
the City in the event of an emergency or when reasonable public convenience
requires such change (for example, without limitation, by reason of
traffic conditions, public safety, right-of-way vacation, right-of-way
construction, change or establishment of right-of-way grade, installation
of sewers, drains, gas or water pipes, or any other types of structures
or improvements by the City for public purposes). Such work shall
be performed at no cost to the City. Except during an emergency, the
City shall provide reasonable notice to grantee, not to be less than
10 business days and allow grantee the opportunity to perform such
action after review and approval of the relocation plan by the City.
In the event of any capital improvement project exceeding $250,000
in expenditures by the City which requires the removal, replacement,
modification or disconnection of grantee’s facilities or equipment,
the City shall provide at least 30 days’ written notice to grantee.
Following notice by the City, grantee shall relocate, remove, replace,
modify or disconnect any of its facilities or equipment within any
right-of-way or on any other property of the City. If the City requires
grantee to relocate its facilities located within the rights-of-way,
the City shall make a reasonable effort to provide grantee with an
alternate location within the rights-of-way but a replacement location
is not guaranteed. If funds are generally made available to users
of the rights-of-way for such relocation, grantee shall be entitled
to its pro rata share of such funds.
If the grantee fails to complete this work within the time prescribed
and to the City’s reasonable satisfaction, the City may cause
such work to be done and bill the reasonable cost of the work to the
grantee, including all reasonable costs and expenses incurred by the
City due to grantee’s delay. In such event, the City shall not
be liable for any damage to any portion of grantee’s cable system
unless the City acted in a negligent manner. Within 30 days of receipt
of an itemized list of those costs, the grantee shall pay the City.
If any removal, replacement, modification or disconnection of
the cable system is required to accommodate the construction, operation
or repair of the facilities or equipment of another City franchise
holder, grantee shall, after at least 30 days’ advance written
notice, take action to effect the necessary changes requested by the
responsible entity. Grantee may require that the costs associated
with the removal or relocation be paid by the benefited party at no
cost to the City.
At the request of any person holding a valid permit and upon
reasonable advance notice, grantee shall temporarily raise, lower
or remove its wires as necessary to permit the moving of a building,
vehicle, equipment or other item. The expense of such temporary changes
must be paid by the permit holder, and grantee may require a reasonable
deposit of the estimated payment in advance.
Nothing in this franchise shall prevent the City or public utilities
owned, maintained or operated by public entities other than the City
from constructing sewers; grading, paving, repairing or altering any
right-of-way; laying down, repairing or removing water mains; or constructing
or establishing any other public work or improvement. All such work
shall be done, insofar as practicable, so as not to obstruct, injure
or prevent the use and operation of grantee’s cable system.
Grantee may prune or cause to be pruned, using proper pruning
practices, any tree in the City’s rights-of-way which interferes
with grantee’s cable system. Grantee shall comply with any general
ordinance or regulations of the City regarding tree trimming. Except
in emergencies, grantee may not prune trees at a point below 30 feet
above sidewalk grade until one week’s written notice has been
given to the owner or occupant of the premises abutting the right-of-way
in or over which the tree is growing. The owner or occupant of the
abutting premises may prune such tree at his or her own expense during
this one-week period. If the owner or occupant fails to do so, grantee
may prune such tree at its own expense. For purposes of this subsection,
emergencies exist when it is necessary to prune to protect the public
or grantee’s facilities from imminent danger only.
The City may inspect any of grantee’s facilities, equipment
or construction at any time upon at least five business days’
notice, or, in case of emergency, upon demand without prior notice.
If an unsafe condition is found to exist, the City, in addition to
taking any other action permitted under applicable law, may order
grantee, in writing, to make the necessary repairs and alterations
specified therein forthwith to correct the unsafe condition by a time
the City establishes. The City has the right to correct, inspect,
administer and repair the unsafe condition if grantee fails to do
so, and to reasonably charge grantee therefor.
(a) On
notice from the City that any work is being performed contrary to
the provisions of this franchise, or in an unsafe or dangerous manner
as determined by the City, or in violation of the terms of any generally
applicable permit, laws, regulations, ordinances, or standards, the
work may immediately be stopped by the City.
(b) The
stop work order shall:
(2) Be given to the person doing the work, or posted on the work site;
(3) Be sent to grantee by overnight delivery or by facsimile at the address
given herein;
(4) Indicate the nature of the alleged violation or unsafe condition;
and
(5) Establish conditions under which work may be resumed.
Grantee’s contractors and subcontractors shall be licensed
and bonded in accordance with the City’s generally applicable
ordinances, regulations and requirements. Work by contractors and
subcontractors is subject to the same restrictions, limitations and
conditions as if the work were performed by Grantee. Grantee shall
be responsible for all work performed by its contractors and subcontractors
and others performing work on its behalf as if the work were performed
by it, and shall ensure that all such work is performed in compliance
with this franchise and other applicable law, and shall be jointly
and severally liable for all damages and correcting all damage caused
by them. It is grantee’s responsibility to ensure that contractors,
subcontractors or other persons performing work on grantee’s
behalf are familiar with the requirements of this franchise and other
applicable laws governing the work performed by them.